[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Rules and Regulations]
[Pages 46073-46074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13149]



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  Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules 
and Regulations  

[[Page 46073]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 735

RIN 3206-AJ74


Employee Responsibilities and Conduct

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a plain 
language rewrite of its regulations regarding the standards that govern 
employee responsibilities and conduct as part of a review of certain 
OPM regulations. The purpose of the revisions is to make the 
regulations more readable.

DATES: Effective Date: September 11, 2006.

FOR FURTHER INFORMATION CONTACT: Wade Plunkett, by telephone at 202-
606-1700; or by FAX at 202-606-0082 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: OPM is revising part 735, which deals with 
employee responsibility and conduct, as part of a review of certain OPM 
regulations for plain language purposes. On January 15, 2003 (68 FR 
1987) OPM published a proposed regulation. One internal commenter noted 
that since the original regulation was published, OPM has delegated 
examining authority to some agencies in certain circumstances. 
Therefore, the proposed regulations have been modified to recognize 
this and permit the head of an agency to which examining authority had 
been delegated or his or her designee to grant exceptions to the 
prohibition contained in section 735.202(a). Since no other comments 
were received, we are publishing the proposed rule as final without 
further modification, except we are updating the reference to General 
Accounting Office and changing it to Government Accountability Office. 
The purpose of this revision to part 735 is not to make substantive 
changes, but rather to make part 735 more readable, and to convert the 
regulation to a question and answer format.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal agencies and employees.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

List of Subjects in 5 CFR Part 735

    Conflict of interests, Government employees.

Office of Personnel Management
Linda M. Springer,
Director.

0
Accordingly, OPM is revising part 735 as follows:

PART 735--EMPLOYEE RESPONSIBILITIES AND CONDUCT

Subpart A--General Provisions
Sec.
735.101 Definitions.
735.102 What are the grounds for disciplinary action?
735.103 What other regulations pertain to employee conduct?
Subpart B--Standards of Conduct
Sec.
735.201 What are the restrictions on gambling?
735.202 What are the restrictions on conduct that safeguard the 
examination process?
735.203 What are the restrictions on conduct prejudicial to the 
Government?

    Authority: 5 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 
Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 
Comp., p. 306.

Subpart A--General Provisions


Sec.  735.101  Definitions.

    In this part:
    Agency means an Executive agency (other than the Government 
Accountability Office) as defined by 5 U.S.C. 105, the Postal Service, 
and the Postal Rate Commission.
    Employee means any officer or employee of an agency, including a 
special Government employee, but does not include a member of the 
uniformed services.
    Government means the United States Government.
    Special Government employee means an officer or employee specified 
in 18 U.S.C. 202(a) except one who is employed in the legislative 
branch or by the District of Columbia.
    Uniformed services has the meaning given that term by 5 U.S.C. 
2101(3).


Sec.  735.102  What are the grounds for disciplinary action?

    An employee's violation of any of the regulations in subpart B of 
this part may be cause for for disciplinary action by the employee's 
agency, which may be in addition to any penalty prescribed by law.


Sec.  735.103  What other regulations pertain to employee conduct?

    In addition to the standards of conduct in subpart B of this part, 
an employee shall comply with the standards of ethical conduct in 5 CFR 
part 2635, as well as any supplemental regulation issued by the 
employee's agency under 5 CFR 2635.105. An employee's violation of 
those regulations may cause the employee's agency to take disciplinary 
action, or corrective action as that term is used in 5 CFR part 2635. 
Such disciplinary action or corrective action may be in addition to any 
penalty prescribed by law.

Subpart B--Standards of Conduct


Sec.  735.201  What are the restrictions on gambling?

    (a) While on Government-owned or leased property or on duty for the 
Government, an employee shall not conduct or participate in any 
gambling activity, including operating a gambling device, conducting a 
lottery or pool, participating in a game for money or property, or 
selling or purchasing a numbers slip or ticket.
    (b) This section does not preclude activities:
    (1) Necessitated by an employee's official duties; or
    (2) Occurring under section 7 of Executive Order 12353 and similar 
agency-approved activities.

[[Page 46074]]

Sec.  735.202  What are the restrictions on conduct that safeguard the 
examination process?

    (a) An employee shall not, with or without compensation, teach, 
lecture, or write for the purpose of the preparation of a person or 
class of persons for an examination of the Office of Personnel 
Management (OPM) or other agency to which examining authority has been 
delegated, or Board of Examiners for the Foreign Service that depends 
on information obtained as a result of the employee's Government 
employment.
    (b) This section does not preclude the preparation described in 
paragraph (a) of this section if:
    (1) The information upon which the preparation is based has been 
made available to the general public or will be made available on 
request; or
    (2) Such preparation is authorized in writing by the Director of 
OPM, or his or her designee, or by the head of an agency to which 
examining authority had been delegated, or his or her designee, or by 
the Director General of the Foreign Service, or his or her designee, as 
applicable.


Sec.  735.203  What are the restrictions on conduct prejudicial to the 
Government?

    An employee shall not engage in criminal, infamous, dishonest, 
immoral, or notoriously disgraceful conduct, or other conduct 
prejudicial to the Government.

 [FR Doc. E6-13149 Filed 8-10-06; 8:45 am]
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